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保护破产企业职工的合法权益是我国新《破产法》的一项重要内容,新《破产法》通过制定程序保障与实体保障,运行了职工权益保障机制,以使职工权益得到最大保障。但职工权益保障制度仍需完善,如尽快完善社会劳动保障机制等,解除职工的后顾之忧;新《破产法》再次将自然人排除在破产法适用的范围,不符合国际潮流和我国的现实需要,而建立个人破产制度能够满足社会发展的需要,对实现主体间平等保护有着不可或缺的意义,没有个人破产制度的破产法是不完整的。新《破产法》增加破产管理人制度,是一大进步,但该新规定不仅留有旧破产法中行政干预经济的痕迹,而且存在法院在破产管理人制度中权力过大等缺陷,需要进一步完善。
The protection of the lawful rights and interests of employees in bankrupt enterprises is an important part of the new Bankruptcy Law in our country. The new Bankruptcy Law has guaranteed the protection of workers’ rights and interests through the establishment of procedural guarantees and substantive safeguards so that the rights and interests of workers and employees are guaranteed to the maximum extent. However, the system of safeguarding the rights and interests of workers still needs to be improved. For instance, social labor security mechanisms should be improved as soon as possible so as to relieve the worries of staff and workers. The new Bankruptcy Law once again excludes natural persons from the scope of the Bankruptcy Law and does not conform to the international trend and the reality of our country. The establishment of a personal bankruptcy system can meet the needs of social development, has an indispensable significance for the realization of equal protection between subjects, and the bankruptcy law without a personal bankruptcy system is incomplete. The new “Bankruptcy Law” to increase the bankruptcy administrator system is a big step forward, but the new provisions not only retained the traces of the administrative interference in the old bankruptcy law, and the existence of the court in the bankruptcy administrator system, the power is too large and other shortcomings need further perfect.